Nikhil Rao vs State Of Chhattisgarh
2022 Latest Caselaw 7156 Chatt

                                      1

                                                                       NAFR

             HIGH COURT OF CHHATTISGARH, BILASPUR

                           CRA No. 1714 of 2022

   • Nikhil Rao S/o Gulab Rao Aged About 27 Years R/o Nayapara, Police
     Station - Gobra Nayapara, District - Raipur (C.G.)

                                                               ---- Appellant

                                   Versus

   • State Of Chhattisgarh Through Station House Officer, Police Station -
     Magarlod, District - Dhamtari (C.G.)

                                                             ---- Respondent

For Appellant : Shri Krishna Kumar Pandey with Shri Kamlesh Kumar Pandey, Advocates For Respondent : Shri Lalit Jangde, Deputy GA.

Hon'ble Shri Deepak Kumar Tiwari, J

Order On Board

29/11/2022

1. The Appellant has preferred this Appeal being aggrieved by the order

dated 13.10.2022 passed by the Special Judge (SC/ST Act), Dhamtari

whereby the learned Special Judge has rejected the application preferred

by the appellant under Section 439 of the CrPC for grant of bail, as the

appellant has been arrested in connection with Crime No.191/2021,

registered at Police Station Magarlod, District Dhamtari for offence

under Sections 294, 323, 506, 341, 147, 148, 149, 427, 324, 307 of the

IPC; Sections 25 & 27 of the Arms Act and Section 3(1)(R), 3(1)(s),

3(2)(v-a) & 3(2)(v) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989.

2. Case of the prosecution is that an FIR was lodged by injured Champu

alleging that on 1.8.2021 at about 3 pm the present appellant, Chandan

Jain, Kapil Thakur, Manish Nishad and others had threatened him and

his friends, used filthy language and also assaulted him with iron rod

and knife.

3. Learned counsel for the appellant would submit that the appellant is in

jail since 30th September, 2021. Other co-accused namely, Manish

Nishad has already been enlarged on bail vide order dated 30.6.2022

passed in CrA No.630/2022 and the bail of the present appellant has

been rejected on the ground that the present appellant was having

criminal antecedent pertaining to the year 2014. However, the present

appellant has been acquitted in the said case vide judgment dated

12.10.2017 passed by the Additional Sessions Judge, Gariyaband in ST

No.16/2016. Copy of the judgment has been annexed with the appeal.

He further submits that the injured has been examined and he has made

general and omnibus statements against all the accused persons. He

also submits that no injury was caused on the vital part of the body of

the victim. Therefore, learned counsel prays to allow the appeal and

release the appellant on bail.

4. On the other hand, learned State Counsel opposes the prayer for grant of

bail and submits that injured Champu Navrange has also endorsed his

objection on the notice itself.

5. Considering the submissions of the parties, particularly considering the

detention period of the appellant and the fact that the injured has

already been examined, conclusion of trial may take some more time

for its disposal and without further commenting on the merits of the

case, I am inclined to grant bail to the appellant.

6. Accordingly, the Appeal is allowed and the appellant is directed to be

released on bail on his executing a personal bond for a sum of

Rs.25,000/- with one surety for the like amount to the satisfaction of the

trial Court. He is directed to appear before the trial Court on each and

every date given by the said Court.

Sd/-

(Deepak Kumar Tiwari) Judge Barve